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CUTKOVICH v. INDUSTRIAL COM'N OF COLORADO

Nos. 86SC43, 86SC99.

723 P.2d 1306 (1986)

In the Matter of the Claim of The Dependents of John P. BUTKOVICH (deceased) and T.L. Printz Construction Company, Petitioners, v. INDUSTRIAL COMMISSION OF COLORADO and State Compensation Insurance Fund, Respondents. Roger FLESHMAN, Petitioner, v. INDUSTRIAL COMMISSION OF COLORADO; State Compensation Insurance Fund, 79-08981; Major Medical Insurance Fund; and Roger Fleshman Construction, Respondents.

Supreme Court of Colorado, En Banc.

August 25, 1986.

Attorney(s) appearing for the Case

Preston, Altman, Parlapiano, Keilbach & Lytle, Adele K. Anderson, John J. Keilbach, Pueblo, for petitioners dependents of John P. Butkovich.

Ware & Marroney, P.C., Gerald A. Marroney, Pueblo, for petitioner T.L. Printz Const. Co.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Karen Maldonado and Laura E. Udis, Asst. Attys. Gen., Denver, for respondent Indus. Com'n of Colorado.

Samuel H. Collins, Denver, for respondent State Compensation Ins. Fund.

Colorado Rural Legal Services, Inc., Cynthia M. Hartman, E. Jeanne Durr, Fort Collins, for petitioner Roger Fleshman.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis and Christa D. Taylor, Asst. Attys. Gen., Denver, for respondent Indus. Com'n of Colorado.

No appearances for respondents State Compensation Ins. Fund, Major Medical Ins. Fund, and Roger Fleshman Const.

VOLLACK, Justice.

We granted certiorari in these two consolidated cases to review the question of whether the mailing of a petition for review of a workers' compensation decision entered by the Industrial Commission to the Attorney General is sufficient to constitute proper service on the Industrial Commission. The court of appeals determined such service was not sufficient and dismissed the petitions based on lack of jurisdiction. We reverse and remand to the court...

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